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Patna High CourtCWJC/8185/2021disposed

Indrawati Devi v. The State Of Bihar

2022-02-14Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8185 of 2021 ====================================================== 1.

Indrawati Devi W/O Raja Sah resident village - Rampur, P.O. - Ekma, P.S. - Rasulpur, District- Chhapra, Saran.

2.

Babita Devi W/O Manager Sah resident of village - Rampur, P.O. - Ekma, Block - Ekma, Panchayat Raj- Aamdari, P.S. - Rasulpur, Dist- Chhapra, Saran.

3.

Phul Kumari W/O Byash Jee Prasad resident of village - Rampur, P.O. - Ekma, Block- Ekma, Panchyat Raj - Aamdari, P.S. - Rasulpur, DistrictChhapra, Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Integrated Child Development, Scheme (I.C.D.S.), welfare Development, Government of Bihar Patna. 2.

The District Magistrate, Chhapra Saran.

3.

The Welfare Officer, Chhapra Saran.

4.

The District Program Officer, Chhapra Saran.

5.

The Sub-Devisional Officer, Chhapra Sadar, Saran. 6.

The Child Development Project Officer, Ekma, Chhapra Saran. 7.

The Mukhia, Gram Panchayat Raj Aamdari, Rampur, Block- Ekma, P.S. - Rasulpur, Chhapra Saran.

8.

The Medical Oficer, Health Care Center Ekma, Chhapra Saran. 9.

Indu Devi W/O Aamrendra Ram resident village - Rampur, P.O. - Ekma, Block- Ekma, P.S. - Rasulpur, District- Chhapra, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Maheshwar Prasad For the Respondent/s :

Mr. Kumari Amrita (GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

In the instant appeal, petitioners have prayed for the following relief/reliefs:

Patna High Court CWJC No.8185 of 2021 dt.14-02-2022 2/3 For issuance of certiorari calling for the appointment letter of respondent no.9, who has been illegally appointed in contravention of the Rule laid down by the State Government for appointment of Aanganbari Sevika and thereafter be pleased to quash the said appointment letter of respondent no.9.

And further be pleased to issue a writ of mandamus commanding upon the official respondent to not disturb the petitioners of any stage of service, who were smoothly working on the post of Aanganbari Sevika, Aanganbari Sahayika and on the post of Asha Swawalambi worker as they were appointed as per rule, against the post notified for Centre No. 139, Ward No. 1, 2 in the village- Rampur Panchayat Raj- Aamdari, P.O.- Ekma, P.S.- Rasulpur, District- Chhapra

Patna High Court CWJC No.8185 of 2021 dt.14-02-2022 3/3 Saran, and the petitioners are as the fittest candidates for appointment out of the other candidates.

And or be pleased to grant other relief/reliefs for which the petitioners are found entitled to.

Petitioner has submitted that the present petition do not survive for consideration, on the other hand, counsel for contesting respondent/respondent no.9 has submitted that he had preferred an appeal aggrieved by the order passed by the concerned authority.

In the light of these facts and circumstances, the present petition stands disposed of.

The Appellate Authority is hereby directed to decide the respondent no.9-Indu Devi's appeal within a period of three months after giving ample opportunity of hearing to the petitioners also.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2022 Transmission Date NA